Tampa Improper Exhibition of A Firearm or Dangerous Weapon Attorney
If you have been arrested or charged with improper exhibition of a firearm or dangerous weapon in Hillsborough County, speaking with an experienced Tampa improper exhibition of a firearm attorney can help protect your rights and your future. Under Section 790.10, Florida Statutes, displaying a firearm or other weapon in a rude, careless, angry, or threatening manner can result in a first-degree misdemeanor charge carrying the possibility of jail time, probation, fines, and a permanent criminal record. However, not every display of a firearm is a crime, especially when a weapon is shown or used in lawful self-defense.
At Hunt Law, Tampa criminal defense attorney J. Ruffin Hunt uses his experience as a former Division Chief with the Hillsborough County Public Defender’s Office to carefully examine the facts, challenge the prosecution’s evidence, and build a strategic defense for individuals accused of firearm and weapons offenses throughout Tampa and Hillsborough County.
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Improper Exhibition of a Firearm or Dangerous Weapon in Florida
Section 790.10, Florida Statutes
Florida law recognizes that there are circumstances where a person may legally possess, carry, display, or even use a firearm or other weapon. However, the improper handling or display of a weapon can still result in criminal charges. Under Section 790.10, Florida Statutes, the offense of Improper Exhibition of a Dangerous Weapon or Firearm occurs when a person exhibits a weapon in the presence of another person in a manner that is rude, careless, angry, or threatening, and the display was not done in necessary self-defense.
Although improper exhibition of a firearm is classified as a misdemeanor offense, it is still a serious criminal charge. A conviction can create a permanent criminal record and may impact your reputation, employment opportunities, firearm rights, and other important aspects of your life.
If you have been accused of improperly displaying a firearm or weapon in Tampa or Hillsborough County, an experienced criminal defense attorney can review the circumstances surrounding the allegation, determine whether your actions were legally justified, and fight to protect your rights.
What Does the State Have to Prove in an Improper Exhibition Case?
To obtain a conviction for improper exhibition of a firearm or dangerous weapon, the prosecution must prove each element of the offense beyond a reasonable doubt.
Generally, the State must establish that:
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The accused person had or carried a weapon;
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The accused exhibited the weapon in the presence of one or more people;
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The weapon was displayed in a rude, careless, angry, or threatening manner; and
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The display was not done in necessary self-defense.
Simply possessing a firearm or carrying a weapon is not enough to prove improper exhibition. The focus of the case is typically on how the weapon was displayed, the circumstances surrounding the incident, and whether the accused person had a lawful reason for their actions.
What Weapons Are Covered Under Florida’s Improper Exhibition Law?
Section 790.10 applies to more than just firearms. The statute specifically includes:
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Firearms;
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Electric weapons or devices;
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Dirks;
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Swords;
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Sword canes; and
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Other weapons.
Because the statute includes the broad phrase “other weapon,” improper exhibition cases can involve a variety of objects depending on the facts and circumstances of the allegation.
However, the State must still prove that the object qualifies as a weapon and that it was exhibited in a manner prohibited by Florida law.
Penalties for Improper Exhibition of a Firearm in Florida
Improper exhibition of a firearm or dangerous weapon is classified as a first-degree misdemeanor in Florida.
A first-degree misdemeanor is punishable by:
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Up to 1 year in county jail;
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Up to 12 months of probation; and
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A fine of up to $1,000.
In addition to the penalties imposed by the court, a conviction for a weapons-related offense may create additional consequences. A criminal record involving allegations that someone acted carelessly or threateningly with a firearm can affect employment, professional licensing, background checks, and future opportunities.
Because of these potential consequences, it is important to take an improper exhibition charge seriously even though it is not classified as a felony.
Is Showing a Firearm Always a Crime in Florida?
No. One of the most important parts of Section 790.10 is the language stating that the improper exhibition must occur “not in necessary self-defense.”
Florida law does not automatically make it illegal to display a firearm or weapon. There are situations where showing or presenting a firearm may be legally justified if a person reasonably believes it is necessary to defend themselves or another person.
For example, a person who displays a firearm because they reasonably believe they are facing an imminent threat may have a valid defense depending on the facts of the case.
The difference between a lawful act of self-defense and a criminal allegation of improper exhibition often depends on small details, including:
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What occurred before the firearm was displayed;
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Whether threats were made by either party;
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The actions of the alleged victim;
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Witness statements;
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Surveillance footage;
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911 calls;
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Prior interactions between the parties; and
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Whether the accused reasonably believed they needed to protect themselves.
Common Defenses to Improper Exhibition of a Firearm Charges
Every case is different, and the available defenses depend on the specific facts involved. Some common defenses to improper exhibition allegations include:
Necessary Self-Defense
Self-defense is one of the most important defenses in an improper exhibition case. The statute itself recognizes that displaying a firearm or weapon may be lawful when done for necessary self-defense.
If the evidence shows that the accused acted to protect themselves from a perceived threat, the State may have difficulty proving the exhibition was unlawful.
The Weapon Was Not Displayed in a Threatening Manner
Possession of a firearm alone does not violate Section 790.10. The State must prove the weapon was actually exhibited in a rude, careless, angry, or threatening manner.
A misunderstanding, accidental exposure of a firearm, or lawful handling of a weapon may not meet the requirements of the statute.
False Allegations or Exaggerated Claims
Improper exhibition cases frequently depend heavily on witness statements. In some cases, accusations may arise from arguments, misunderstandings, road rage incidents, neighbor disputes, or emotionally charged encounters.
A thorough investigation may reveal inconsistencies in witness accounts or evidence contradicting the allegations.
Lack of Evidence
The burden is always on the State of Florida to prove every element beyond a reasonable doubt. If prosecutors cannot prove exactly what happened, how the weapon was displayed, or whether the display was unlawful, the charge may be challenged.
Contact a Tampa Improper Exhibition of a Firearm Attorney
If you have been charged with improper exhibition of a firearm or dangerous weapon in Tampa or Hillsborough County, you should speak with an experienced criminal defense attorney before making any statements about your case.
At Hunt Law, Tampa criminal defense attorney J. Ruffin Hunt represents individuals accused of firearm offenses, weapon charges, and other criminal allegations throughout Hillsborough County. As a former Division Chief with the Hillsborough County Public Defender’s Office, he has handled thousands of criminal cases and understands how prosecutors approach weapons-related charges.
Call Hunt Law today at (813) 787-4849 for a free and confidential case consultation.
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What Are The Elements of Improper Exhibition of a Firearm or Dangerous Weapon in Florida?
Jury Instruction 10.5
To prove the crime of Improper Exhibition of a [Weapon] [Firearm], the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) had or carried [a weapon] [a firearm] [a dirk] [a sword] [a sword cane] [an electric weapon or device].
2. (Defendant) exhibited the [weapon] [firearm] [dirk] [sword] [sword cane] [electric weapon or device] in a [rude] [careless] [angry] [or] [threatening] manner.
3. [He] [She] did so in the presence of one or more persons.
Give only applicable paragraphs.
§ 790.001, Fla. Stat. Slungshot is defined in § 790.001, Fla. Stat.
A “weapon” is any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.
There is a conflict within the district courts about whether an open common pocketknife is a weapon:
Porter v. State, 798 So. 2d 855 (Fla. 5th DCA 2001); J.R.P. v. State, 979 So. 2d 1178 (Fla. 3d DCA 2008).
However, an open pocketknife could constitute a weapon.
G.R.N. v. State, 220 So. 3d 1267 (Fla. 4th DCA 2017).
If a common pocketknife is open, it is still considered to be a common pocketknife.
A “deadly weapon” is any object other than a firearm that will likely cause death or great bodily harm if used in the ordinary and usual manner contemplated by its design and construction.
Give if applicable.
An object not designed to inflict bodily harm may nonetheless be a “deadly weapon” if it was used, threatened to be used, or intended to be used in a manner likely to cause death or great bodily harm.
“Great bodily harm” means great as distinguished from slight, trivial, minor, or moderate harm, and as such does not include mere bruises.
“Electric weapon or device” means any device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury.
A “firearm” means any weapon [including a starter gun] which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; [the frame or receiver of any such weapon;] [any firearm muffler or firearm silencer;] [any destructive device;] [any machine gun]. [The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of another crime. An antique firearm is (insert definition in § 790.001, Fla. Stat.)]. [A destructive device is (insert definition in § 790.001, Fla. Stat.)].
J. Ruffin Hunt
Managing Member, Hunt Law, PLLC.
Attorney J. Ruffin Hunt is a Tampa criminal defense attorney and founder of Hunt Law, a firm focused exclusively on criminal and DUI defense throughout the Tampa Bay area. Born and raised in Tampa, Mr. Hunt earned his degree from the University of Florida before attending Stetson University College of Law. He began his legal career at the Hillsborough County Public Defender’s Office, where he gained extensive courtroom and trial experience handling misdemeanor, felony, and DUI cases. Over the course of his career, he rose to leadership positions within the office, serving as a Division Chief in multiple divisions.
Mr. Hunt has dedicated his entire legal career to criminal defense and understands the serious consequences that criminal charges can carry. He represents clients facing a wide range of charges, including DUI, drug offenses, sex crimes, domestic violence allegations, theft crimes, violent offenses, probation violations, and other serious criminal matters. As a former board member of the Hillsborough County Association of Criminal Defense Lawyers, Mr. Hunt remains committed to protecting the constitutional rights of individuals accused of crimes and providing aggressive, strategic representation for clients throughout Tampa Bay.
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Frequently Asked Questions (FAQ)
Q: What happens after an arrest in Tampa?
A: After an arrest in Tampa, you will typically be transported to Orient Road Jail for booking, where law enforcement will fingerprint you, take your photograph, record your personal information, and formally process the charges against you. Within 24 hours of your arrest, you must appear before a judge at First Appearance, where the court will determine whether probable cause existed for your arrest, decide whether to set bond, and impose any conditions of release. During this time, it is important to exercise your right to remain silent, avoid discussing your case with anyone other than your attorney, and refrain from consenting to searches if asked by law enforcement. As your case moves forward, early involvement by an experienced Tampa criminal defense attorney can help protect your constitutional rights, advocate for a favorable bond, preserve important evidence, and begin developing a defense strategy from the outset.
Q: What is a misdemeanor in Florida?
A: A misdemeanor in Florida is a criminal offense that is less serious than a felony but can still result in significant penalties, including jail time, probation, fines, and a permanent criminal record. A misdemeanor is an offense that can result in a term of imprisonment that doesn't exceed 1 year. Florida classifies misdemeanors as either second-degree misdemeanors, which are generally punishable by up to 60 days in jail and a $500 fine, or first-degree misdemeanors, which can carry up to one year in jail and a $1,000 fine. Common misdemeanor offenses include battery, petit theft, possession of drug paraphernalia, resisting an officer without violence, and disorderly conduct. Although misdemeanors carry lower maximum penalties than felonies, a conviction can still affect employment, professional licensing, housing opportunities, and other aspects of your future. Depending on the facts of the case, it may be possible to obtain a dismissal, diversion, reduced charges, or another favorable resolution, making it important to speak with an experienced Florida criminal defense attorney as early as possible.
Q: What is a felony in Florida?
A: A felony in Florida is a criminal offense punishable by more than one year in state prison and is generally considered more serious than a misdemeanor. Florida classifies felonies into five categories: third-degree, second-degree, first-degree, life felonies, and capital felonies, with penalties ranging from up to five years in prison for many third-degree felonies to life imprisonment for the most serious offenses. Examples of felony crimes include drug trafficking, robbery, aggravated battery, burglary, kidnapping, grand theft, and certain sex offenses. In addition to prison time, a felony conviction can result in substantial fines, probation, the loss of firearm rights, employment and professional licensing consequences, and a permanent criminal record. Depending on the facts of the case, however, felony charges may be reduced, dismissed, resolved through diversion, or successfully challenged at trial, making it important to consult an experienced Florida criminal defense attorney as early as possible.
Q: Do I need a lawyer if charges haven't been filed yet?
A: It can be beneficial. In many cases, hiring a criminal defense attorney before formal charges are filed can be one of the most important decisions you make. Whether you are under investigation, have been contacted by detectives, or were arrested but are still waiting for the State Attorney's Office to decide whether to file charges, an attorney can protect your rights, communicate with law enforcement on your behalf, and help you avoid making statements that could be used against you. Early legal representation also provides an opportunity to present favorable evidence, identify weaknesses in the allegations, address misunderstandings, and advocate for prosecutors not to file charges or to pursue less serious charges when appropriate. Although no attorney can guarantee a particular outcome, getting experienced legal counsel involved as early as possible often creates opportunities that may no longer exist once formal charges have been filed.
Q: What happens if I miss court in Tampa?
A: Missing a court date in Tampa can have serious consequences, including the issuance of a bench warrant for your arrest, revocation of your bond, or stricter release conditions. Whether a warrant is issued often depends on the type of hearing you missed, the underlying criminal charge, whether you are represented by an attorney, and the reason for your absence. While emergencies such as hospitalization, transportation problems, or scheduling errors may help explain a missed appearance, it is important to act quickly before the situation becomes more difficult to resolve. In many cases, an experienced Tampa criminal defense attorney can determine whether a warrant has been issued, file a motion to quash or recall the warrant, explain mitigating circumstances to the court, and work to minimize additional penalties. Ignoring a missed court date typically makes matters worse, so seeking legal guidance as soon as possible is often the best course of action.
Q: Can a no contact order in Tampa be modified?
A: Yes. In some cases, a no contact order in Tampa can be modified, but only by a judge. If you were arrested for domestic violence, the court may have imposed a no contact order as a condition of your pretrial release, prohibiting you from communicating with or coming near the alleged victim. The alleged victim cannot cancel or waive the order on their own, even if they want contact to resume. To request a modification, your attorney must typically file a motion asking the court to change the conditions of release. The judge will consider factors such as the nature of the allegations, whether injuries were involved, the parties' relationship, the alleged victim's wishes, whether children or shared housing are involved, and any ongoing safety concerns. In appropriate cases, a judge may modify a strict no contact order to a no violent contact order, allowing peaceful communication while still prohibiting threats or violence. Because violating a no contact order can result in bond revocation, additional criminal charges, or a return to jail, it is important to seek court approval before having any contact with the alleged victim.
Q: Can the victim "drop" domestic violence charges in Florida?
A: No. In Florida, the alleged victim cannot "drop" domestic violence charges because criminal cases are prosecuted by the State Attorney's Office, not by the alleged victim. Although the alleged victim can tell prosecutors they no longer want to pursue the case or submit an affidavit of non-prosecution, the decision whether to continue or dismiss the charges belongs to the State. Prosecutors often proceed with domestic violence cases even when the alleged victim does not want to cooperate, particularly if there is other evidence such as 911 recordings, body camera footage, witness statements, photographs, text messages, or medical records. If you have been charged with domestic violence, you should never contact the alleged victim in an attempt to have the charges dropped, as doing so may violate a no-contact order or even result in additional charges such as witness tampering. An experienced Florida criminal defense attorney can evaluate the evidence, protect your rights, and pursue the strongest possible defense.
Q: What happens at first appearance court in Hillsborough County?
A: First appearance is the initial court hearing that takes place within 24 hours of an arrest in Hillsborough County, where a judge determines whether probable cause exists for the arrest, advises the defendant of the charges, and decides whether to set bond and impose any conditions of release. In Hillsborough County, first appearance hearings are generally held in Courtroom 17 at 1:30 p.m. on weekdays and 10:00 a.m. on weekends and holidays, with most defendants appearing by video from the jail. During the hearing, the judge considers factors such as the nature of the offense, the defendant's criminal history, risk of flight, and danger to the community when making bond decisions. While some defendants (such as those arrested for violating probation or on certain warrants) may not be eligible for bond at first appearance, an experienced Tampa criminal defense attorney can advocate for lower bond, release on recognizance, and favorable release conditions, making early legal representation an important part of protecting your rights.
Q: What happens at an arraignment hearing in Hillsborough County?
A: An arraignment is a procedural court hearing where the judge formally advises you of the criminal charges filed against you and asks you to enter a plea of guilty, not guilty, or no contest. Unlike a trial, no witnesses testify, no evidence is presented, and the judge does not determine guilt or innocence. In most cases, defendants plead not guilty, allowing the case to proceed to the discovery phase, pretrial hearings, negotiations, and, if necessary, trial. If you are represented by an attorney, your appearance at arraignment can often be waived by filing a written plea of not guilty and waiver of appearance with the court, although this depends on the specific case and court policies. Because important strategic decisions begin early in a criminal case, hiring an experienced Tampa criminal defense attorney before arraignment can help protect your rights, evaluate potential defenses, and position your case for the best possible outcome.
Q: What happens if I violate probation in Florida?
A: If you are accused of violating probation in Florida, your probation officer may file an affidavit alleging a violation, which can lead to the issuance of a warrant, a warrantless arrest, or a notice to appear in court. At your first court appearance, you can either admit or deny the alleged violation. If you deny it, the court will hold a violation of probation hearing where the State must prove by the greater weight of the evidence that you committed a willful and substantial violation of your probation. If the judge finds that a violation occurred, the court may continue your probation, modify its conditions, or revoke it entirely. Revocation can result in a conviction if adjudication was previously withheld and may expose you to the maximum sentence available for the original offense. Because probation violation cases involve different procedures and a lower burden of proof than a criminal trial, it is important to speak with an experienced criminal defense attorney as soon as possible to evaluate potential defenses and protect your rights.
Q: What is Florida's Stand Your Ground Law?
A: Florida's Stand Your Ground law allows individuals to use or threaten force in self-defense under certain circumstances without first retreating. If a person reasonably believes force is necessary to prevent imminent unlawful force, imminent death or great bodily harm, or the imminent commission of a forcible felony, Florida law may justify the use of force. Deadly force is permitted only in limited situations involving a reasonable fear of imminent death, great bodily harm, or certain violent felonies, while non-deadly force may also be used to defend yourself, another person, or, in some cases, your property. Importantly, once self-defense is raised, the State (not the defendant) must prove beyond a reasonable doubt that the use of force was not legally justified. However, Stand Your Ground does not protect someone who was committing a forcible felony, was the initial aggressor (with limited exceptions), or unlawfully uses force against law enforcement. Because these cases often involve complex factual and legal issues, anyone facing criminal charges involving self-defense should consult an experienced Florida criminal defense attorney as soon as possible.
Q: How do I seal or expunge criminal records in Florida?
A: Florida law allows certain individuals to limit public access to their criminal records through either record sealing or record expungement, but eligibility depends on the outcome of the case and your prior criminal history. Generally, you may qualify for expungement if your case was dismissed, nolle prossed, resulted in a not guilty verdict, or was resolved through a qualifying diversion program, and you have never been adjudicated guilty of a criminal offense. You may qualify for "sealing" of records if you received a withhold of adjudication on the underlying offense. The process typically involves obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE), then filing a petition with the court requesting that your record be sealed or expunged. If granted, the court will order the appropriate agencies to seal or destroy the record in accordance with Florida law. Because the eligibility rules are strict and the process involves detailed paperwork and court procedures, consulting an experienced Florida criminal defense attorney can help determine whether you qualify and maximize your chances of successfully clearing your record.
Q: Should I speak to detectives or police during a criminal investigation in Florida?
A: In most situations, no. If detectives or law enforcement officers want to question you during a criminal investigation, it is generally in your best interest to speak with an experienced criminal defense attorney before answering any questions. Even if you believe you are innocent or simply want to "tell your side of the story," your statements can be misunderstood, taken out of context, or used against you later in court. Under the Fifth Amendment, you have the right to remain silent and the right to have an attorney present during questioning, and invoking those rights cannot be used as evidence of guilt. Whether police contact you about a DUI, domestic violence, theft, drug offense, sex crime, or another investigation, you should politely decline to answer questions by stating that you wish to remain silent and speak with an attorney. Early legal representation can protect your constitutional rights, manage communications with law enforcement, and help avoid mistakes that could significantly impact your case.
Q: Can criminal charges in Florida be dropped?
A: Yes. Criminal charges in Florida can be dropped in several different ways, depending on the facts and legal issues involved. The most common occurs when the State Attorney's Office files a nolle prosequi, formally dismissing the prosecution because of insufficient evidence, witness credibility problems, constitutional issues, or other weaknesses in the case. Charges may also be dismissed after a defendant successfully completes a pretrial diversion program, such as those available for certain first-time offenders. In other situations, a judge may dismiss the case by granting a defense motion, such as a motion based on Florida's Stand Your Ground immunity law or a motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4) when the undisputed facts do not establish a crime. Constitutional violations, lack of probable cause, speedy trial issues, and other procedural defects may also lead to dismissal in appropriate cases. Because every case is different, an experienced Florida criminal defense attorney can evaluate the evidence, identify potential defenses, and pursue every available opportunity to have the charges reduced or dismissed.